News and views about the implementation of the Right of Children to Free and Compulsory Education Act 2009 and other legislation, schemes and policies impacting the Right to Education of India's Children.

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Friday, January 24, 2014

SC declines petition to adjust RTE

The Supreme Court refused to interfere with the Right to Education Act (RTE Act)
, after receiving a petition protesting that even students under RTE
should be able to be held back from promotion to the next class to
increase their motivation to study. Currently the Right to Education Act
provides for free and compulsory elementary education without holding
back the promotion of a child to next class till class 8.

Rejecting
a plea by petitioner Abhishek Gupta seeking the stay of section 16 of
the act, a bench of Justice H.L.Dattu and Justice S.A.Bobde asked him to
be constructive and positive in his approach.

"You always have a
positive thinking and constructive teaching. When a teacher takes
salary he will teach... Don't be negative," Justice Dattu said as Gupta
sought to argue as to the futility of such a free and compulsory
education sans learning.

The petitioner had sought the stay of
the section 16 which says: "No child admitted in a school shall be held
back or expelled from the school until completion of elementary
education."

Contending there were several scenarios where
students were getting promoted even without learning, Gupta told the
court that under the right to education scheme, "passing is compulsory
and education is optional". He argued that RTE makes the learning and
teaching process doubtful.

"Repetition is the essence of
education. If repetition goes, then there is no learning," Gupta said
adding that the government through RTE was promoting the students
without education.

Mocking the provision, Gupta said, "If a
teacher does not teach, the child is passed. (It relieves teacher from
the duty of teaching). If a child does not learn, child is passed. (It
relieves child from the duty of learning). If a child does not attend
school, child is still passed. (It relieves child from the duty of
attending the school) and this together, relieves the government from
the duty of educating the children of our country.

Unable to
agree with the petitioner, the court asked him: "Why you get the idea if
they go to school they will not learn anything? You teach them the
basics. It is not that without studying they will pass."